Glezer v Deals.com.au

The appellant sought preliminary discovery against the respondent to obtain documents that would enable them to decide whether to commence proceedings. The parties had engaged in pre-action correspondence, and the appellant had indicated they would commence proceedings. The primary judge found that the appellant had sufficient information to decide whether to commence proceedings, and the appeal against that finding was dismissed with costs. The respondent appealed against the order that they pay the costs of the appeal, but that appeal was also dismissed with costs.

The legal issues the court had to decide included whether the appellant had sufficient information to decide whether to commence proceedings and whether the pre-action correspondence indicated that the appellant had already decided to commence proceedings. The court also had to consider the effect of the Supreme Court (General Civil Procedure) Rules 2005 r 32.05, which required the applicant to demonstrate that they had insufficient information to decide whether to commence proceedings.

The court found that the appellant had sufficient information to decide whether to commence proceedings, and the pre-action correspondence indicated that the appellant had already decided to commence proceedings. The court held that the appellant had not demonstrated that they had insufficient information to decide whether to commence proceedings, and therefore the primary judge's finding was correct. The court also found that the respondent was entitled to costs under r 32.05(4) of the Supreme Court (General Civil Procedure) Rules 2005. The appeal against the costs order was dismissed with costs.

The court dismissed the appeal and ordered that the respondent pay the costs of the appeal. This decision highlights the importance of demonstrating that an applicant for preliminary discovery has insufficient information to decide whether to commence proceedings. It also emphasises the court's discretion to order costs under r 32.05(4) of the Supreme Court (General Civil Procedure) Rules 2005.